| Melendez v Dumont Operating, LLC |
| Motion No: 2017-13501 |
| Slip Opinion No: 2018 NY Slip Op 88893(U) |
| Decided on November 19, 2018 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M257545
E/afa
LEONARD B. AUSTIN, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
VALERIE BRATHWAITE NELSON, JJ.
|
2017-13501 Jesse Melendez, etc., appellant, v Dumont Operating, LLC, et al., defendants, Joseph E. Casino, respondent. (Index No. 54959/15)
| DECISION & ORDER ON MOTION |
Motion by the defendant Pinaki Sengupta, and separate motion by the respondent, to dismiss an appeal from an order of the Supreme Court, Westchester County, dated October 26, 2017, for failure to timely perfect.
Upon the papers filed in support of the motions and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the defendant Pinaki Sengupta is dismissed as the defendant Pinaki Sengupta lacks standing to make the motion; and it is further,
ORDERED that the motion by the respondent is denied as unnecessary as the appeal has been deemed dismissed pursuant to 22 NYCRR 1250.10(a).
AUSTIN, J.P., ROMAN, MILLER and BRATHWAITE NELSON, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court